Having SM listed does not mean people with SM will receive an automatic approval. There is a list of criteria to be met before an individual is approved. The criteria is listed in the book, under the diagnosis. SM was added years ago, not exactly sure when, but it was there when I applied in 2006.

SSD approval depends not on your diagnosis, but on the day to day tasks you cannot perform because of symptoms caused by your disease/condition. For instance, if your daily pain level is a level 8 or 9 even after you have been seeing a NL for a long time and trying every drug and treatment your NL can think of with no success, and if you have trouble dressing yourself because of pain and weakness, and if you haven't been able to work for a year or more because of your symptoms, and you have no hobbies or activities you used to be able to do, and if your doctors will attest to these facts, THEN you have a case.

The conditions on SSD's list are there to assist SSD in determining disability and how long the disability is likely to last. SSD employees can't possibly know every condition that leads to disability, so they have that list to refer to when they come across a condition they've never heard of before.

I used an SSD specialist law firm to file my SSD application and am so glad I did. They knew all the forms that had to be submitted, and helped me to get my case file together and sent to the right place. Some SSD employees like the power they have over applicants, but they can't bluff attorneys who know the SSD laws.

Gosh, I didn't mean to write a book...

MaryGenetic CM/SM (me, my son, my twin sister and both of her daughters), RSD of right arm.

I was turned down 3 times, and was told I had to reapply.....which I did was was approved in 4 months.The last time I was denied, it was in front of a ALJ (Admin Law Judge) and I appealed his decision to the ODAR (Office of Disability and Review).I findly got a reply today stating they were over ruling the ALJ and are going to back it up to my 55 birthday.

Quoting .....Notice of Appeals Council Action

We have granted your request for review The Appeals Council is reviewing the Administration Law Judge decision.

Rules We Applied

In your case,we found that there is new and material evidence and the decision is contrary to the weight of all the evidence now in record.

Jerry, I'm so glad for you! You were so smart to appeal the ALJ decision. Not having to re-apply starts your benefits from day one, AND you will qualify for medicare as of 2 years after the date they began your benefits.

HOORAY !!!

MaryGenetic CM/SM (me, my son, my twin sister and both of her daughters), RSD of right arm.

Jerry,Do you have to have another hearing? Or did the Appeals Council automatically approve you for disability benefits? I also initially applied in 2005 for chiari. The Appeals Council decided to throw out what my first judge ruled and allowed me to have a 2nd hearing with another judge from out of state. I thought things would go better, but the 2nd judge also misrepresented the facts about my case. So, I am in the appeal process for his decision as well. I was wondering if the Appeals Council can decide to approve someone? It has been two years since my hearing with the last judge.

They upheld my favorable ruling in 2009, and said they were backing my SSD back to my 55 birthday in 2007.When I reapplied,(in 2009)all I got was 3 months disability, and the Appeals Council overturned the ALJ decision.They sent my file to a retired NS,and he made a recommendation.They said "in my case they found that there is and was material evidence and the decision is contrary to the weight of all evidence now in record."

If the Appeals Council decides to send my case to another judge for reevaluation, should I reapply instead of having another hearing? The problem is that my diagnosis of chairi and herniated discs keeps getting left out of judge's reports. I think it is bcause when I first appied in 2005, I did not have a MRI to know that my symptoms were related to chairi.

How come you did not get back payments to 2005 when you first applied?

I am SO glad to hear you all are getting good results. Going to hire that attorney today, before I forget everything to tell him.You are great inspirations to me. I have no one to talk to or bounce ideas off of, so have to go it alone. DH doesn't want to hear about it. Two months ago he told me to get over it or get out. Good thing it's my house, huh? I'll be asking a lot of questions and this is where I'll get answers. Happy for all of you. Fight on, eh?

Happy Memorial Day. Blessings to our soldiers and their families.SmilesMarymac

MarymacCentral disc herniations C5-6 and C6-7, extensive syringohydromyelia cavity throughout the cervical & thoracic cord (large syrinx from C6 inferiorly.)"Every day is a gift: Thats why it's called the Present"

I started everything with a lawyer. I was hoping that it would make it easier for a approval. I guess I was wrong. This week I recieved 2 letters from SS telling me to go to their doctor for exams. One is for Internal Medicine and one is for a Mental exam. Not only did I have the Chiari malformation but I have a list of other problems that happened in the years after my surgery. Has anyone had or have any other problems from the Chiari? Mine start with short term memory problems, ADD, depression, anxiety, always sleepy... and a couple more. Can any one relate?? I feel like i'm the only one feeling like this, please tell me I'm not going crazy.

I too am seeking a lawyer to start the process. I have a boatload of symptoms resulting from my CM and feel like you - depression, anxiety, fatigue, memory loss, electric shocks, sensitivity to sound, light and touch. Hopefully we will be successful. I cannot even fathom going back to work.